Appalachian Power Co. v. Department of Corrections

West Virginia Court of Claims

Appalachian Power Co. v. Department of Corrections

15 Ct. Cl. 8

CourtWest Virginia Court of Claims

DecidedOctober 4, 1983

DocketCC-83-234

StatusPublished

This text of 15 Ct. Cl. 8 (Appalachian Power Co. v. Department of Corrections) is published on Counsel Stack Legal Research, covering West Virginia Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appalachian Power Co. v. Department of Corrections, 15 Ct. Cl. 8 (W. Va. Super. Ct. 1983).

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Opinion

PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer. Claimant seeks payment of $28,029.79 for unpaid electrical service bills for the Leckie Center in Leckie, McDowell County, West Virginia. Respondent, in its Answer, admits the amount and validity of the claim, but states that there were no funds remaining in respondent’s appropriation in the fiscal year 1982-83 from which the obligation could have been paid.

Although the Court feels that this is a claim which in equity and good conscience should be paid, the Court is further of the opinion that an award cannot be made, based upon the decision in Airkem Sales & Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer. Claimant seeks payment of $28,029.79 for unpaid electrical service bills for the Leckie Center in Leckie, McDowell County, West Virginia. Respondent, in its Answer, admits the amount and validity of the claim, but states that there were no funds remaining in respondent’s appropriation in the fiscal year 1982-83 from which the obligation could have been paid.

Although the Court feels that this is a claim which in equity and good conscience should be paid, the Court is further of the opinion that an award cannot be made, based upon the decision in Airkem Sales & Service, et al. v. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.

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Bluebook (online)

15 Ct. Cl. 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appalachian-power-co-v-department-of-corrections-wvctcl-1983.

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